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(영문) 서울고등법원 2016.10.07 2016나2006352
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The defendant of the purport of the claim shall make the plaintiff 375,150.

Reasons

1. The plaintiff's assertion is based on the grounds of the claim, and the following arguments are asserted.

From January 3, 2011 to May 18, 2012, the Plaintiff lent a total of KRW 532,850,000 to the Defendant over 21 occasions as follows.

1) 0.1. 3 20. 1. 1. 3 20, 10, 300, 000. 2) 1. 3 20, 201. 20, 100, 000 4. 19. 12,000 5) 10,000 10. 10, 2005 0. 10, 2005 10. 10, 2005 1. 30, 2005 1. 10, 205) 20. 31. 31, 2011

B. From August 31, 201 to June 27, 2012, the Defendant received reimbursement of KRW 157,700,000 in total among the above loans over 16 occasions.

C. Therefore, the Defendant should pay to the Plaintiff the remainder of the loan amounting to KRW 375,150,000 (=532,850,000-157,700,000) and damages for delay from January 1, 2013.

2. Determination

A. According to the evidence Nos. 1-1, 2-8 of the Plaintiff’s evidence Nos. 6-5 of the evidence Nos. 6-1, 12 of the Plaintiff’s bank account, the Plaintiff’s evidence Nos. 44,000,000, 13 of the Plaintiff’s bank account on August 30, 201, and 13 of the same year, 15,400,000, 14) on September 27, 2011, 13, 2011, 97,90,000,000, 15) and the Plaintiff’s new evidence Nos. 11,50,00,000, 18, including the Plaintiff’s new evidence Nos. 10-1, 30,000,000, 59,0000, 18, 204, 205, 2012.

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